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HomeMy WebLinkAbout1976-06-21 Minutesi MINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:45 P. M., Monday, June 21, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Carl Yates, James White, David Newbern. MEMBERS ABSENT: OTHERS PRESENT: Chairman Carl Connie Clack, Chester House. Director Russell T. Purdy, Reverand Doyle Wesson, Conlee Bodishbaugh, Attorney Truman Smith, Attorney Lamar Pettus, Carol Hart, Dr. J. B. Hays, Bobbie Jones, and Robin Northrop. Yates called the meeting to order. The public hearing was opened on Appeal No. 76-16, Ridgeview Baptist Church, 1852 Huntsville Road on an application to vary setback of a tool or equipment storage building from other R -zoned property. APPEAL #76-16 Ridgeview Baptist Church 1852 Huntsville Road The applicants are requesting a variance in the setback of a tool or equipment storage building of 20 feet, as opposed to the required 100 feet. Reverand Doyle Wesson and Attorney Truman Smith were present to represent this appeal Reverand Wesson stated that they need this storage building to keep things off the parking lot. There is no building of any sort to keep equipment in. They presently stock tires, etc., on the open yard. The Church has 14 buses and 3 courtesy cars. Sometimes it is necessary to change a tire or spark plug quickly on one of the buses on Sunday morning. Chairman Yates asked who the owner of the large tract of property in back of them was. Reverand Wesson said that Mr. Adams owned the property and that he had talked to Mr. Adams. He said that Mr. Adams was in complete agreement with what is proposed. Chairman Yates asked Reverand Wesson what type of construction this storage building would be. Reverand Wesson said the storage building would be pre -fab steel. Reverand Wesson pointed out to Mr. Newbern the location of the proposed building on the map. Mr. Newbern asked him if he had talked to the landowners in the area. Reverand Wesson stated that he had, and that no one had any objections. Attorney Truman Smith, speaking in favor of Ridgeview Baptist Church, added that these would be minor repairs. He stated that they are badly in need of this storage building. He feels the Ordinance is intended for a large scale operation for major repairs and that it should not apply in this instance. Major repair work would not be done there. Mr. White asked if there were any easements. Reverand Wesson said that there are no easements. Director Russell Purdy asked what the size of the structure would be and whether it would be a one-story building. Reverand Wesson said the size would be 40 feet by 50 feet and that it would be one-story. There were no further questions. There was no one present to oppose the request. Chairman Yates closed the public hearing. 32 Board of Adjustment -2- June 21, 1976 The public hearing was opened on Appeal No. 76-17, APPEAL #76-17 Conlee Bodishbaugh, 2611 Elizabeth, on an application to Conlee Bodishbaugh vary setbacks of an addition to a house and a fence. 2611 Elizabeth Meadowcliff Street is platted but not opened along the North side of this property. The applicant is requesting a setback from Meadowcliff of 20 feet as opposed to the required 25 feet for the addition to the house. He is also requesting a setback of 5 feet for a fence, as opposed to the required 25 feet. Mr. Conlee Bodishbaugh was present to represent. He said this addition was antic- ipated when they bought the house in 1969, but the setback from a side street has changed since then. Mr. Bodishbaugh explained that he is proposing to add a bedroom and a room, to be used as a nursery, to the house. He says that the expected addition of a new member of the family is bringing forward this action. Mr. Bodishbaugh said that an addition to the existing building would compliment what was already there. He feels that this is the minimum addition for enhancement. Mr. Bodishbaugh stated that the way the house is set on the property, there is no problem concerning traffic or the impairment of a driver's vision, and said that it would be rather impractical to open up a new street along his North property line. He stated that Mr. Nichols owns the property to the West and that the property is still open. Mr. Bodishbaugh stated that the screen (fence) would be built around a low deck about 18 inches high and would simply give him privacy Chairman Yates asked if a 30 inch fence would be high enough since no variance would be needed for that height. Mr. Bodishbaugh said no; he said that it would take 18 inches just for the patio, in itself. Mr. Bodishbaugh stated that this fence would be further to the North of the new wing, as indicated by a line on the Plat. There were no further questions. There was no one present to oppose the request. Chairman Yates concluded the public hearing. David Newbern stated he had mixed emotions about the APPEAL #76-16 Ridgeview Baptist Church appeal. He felt Ridgeview Baptist Church it is basically a good idea to get their things 1852 Huntsville Road under cover; it would certainly improve the appearance, and he is impressed with the fact that the other landownders are in agreement, but he is concerned about the future of that property to the North. He feels that on a short-range it would be quite an advantage to the Church, but on a long-range he thought it would cut down on the desirability of the property to the North. Alternate locations were discussed between the Board members. Chairman Yates said that either of two things could be done: 1) Ask Reverand Wesson to consider this further, or; 2) Grant a variance of some feet. Chairman Yates expressed that he is in agreement with David Newbern's feelings on this item. David Newbern stated that he would like to wait as far as granting a variance was concerned. David Newbern moved to table this item and to notify the applicant that the Board of Adjustment would like to have them consider moving the proposed building to the South an additional SO feet; and since this would necessitate a variance in setback 33 4 • • Board of Adjustment -3- June 21, 1976 from the Garton property to the Southwest, the Board of Adjustment would like for the applicant to contact Mr. Garton and get his reaction to the location suggested by the Board of Adjustment. Mr. White seconded the motion to table this, which was approved unanimously by a vote of 3-0. David Newbern feels the Bodishbaugh appeal is a classic APPEAL #76-17 case situation where the variance procedure was intended Conlee Bodishbaugh to apply. The only thing that troubles him is the fence. 2611 Elizabeth The former ordinance required 15 feet and Mr. Bodishbaugh is asking for 5 feet, so he still would have needed a variance even if the ordinance had not changed. Other than this, he saw no other problems. David Newbern moved to grant the variances as requested on Appeal #76-17. Mr. White seconded the motion, which was approved unanimously by a vote of 3-0. The minutes of the June 7, 1976 meeting were approved as mailed. MINUTES Dr. Hays was present for Lifestyles, Inc., 1140 North OTHER BUSINESS College; also present were Carol Hart and Attorney Lamar Pettus (representing Steve Clark). They were requesting a re -hearing on the part of Lifestyles, Inc., 1140 North College. Attorney Pettus brought up the fact that only three (3) Board members were present when action was taken before. Bobbie Jones said she had talked to the City Attorney and he had researched the matter then advised her that it would be at the discretion of the Board of Adjustment whether to have a re -hearing on the same appeal. Bobbie Jones also stated that if this would be a question of her interpretation, it would require a new fee and new advertising and would not really be a re -hearing. Attorney Pettus said they would like a re -hearing when all 5 Board members could be present. David Newbern stated that the Board had taken 2 votes. The first of which was voted 2 to 1 to return the matter to the Planning Administrator. This vote failed because of a lack of 3 affirmative votes. The second vote was 1-1-1. Director Russell Purdy asked David Newbern if the Board should grant a new hearing on appeal from one (1) side only? Shouldn't the opposition also have a voice? David Newbern stated that the other side would be notified, but that it was generally acceptable to call a re -hearing on just one side's presentation. Attorney Pettus stated that they would file a new request. Mr. Newbern stated that he had no objections to a re -hearing. Mr. White and Chairman Yates agreed. It was decided that the next Board of Adjustment meeting would be held on July 9, 1976, at 10:00 A. M., since the next regular meeting date (July 5, 1976) is a holiday for City employees. The meeting was adjourned at 4:57 P. M.